Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1887-05-27
HUNTINGDON LICENSES BE-
FORE THE SUPREME
COURT.
The Power Of the Associate
Judges the Legal point
Involved.

PHILADELPHIA, PA, May 23.-A
deputation of Huntingdon lawyers Is
here, called to argue a series OF ap-
peals from the decisions of Hunting
don County Court refusing licenses
to hotel keepers. The cases are ex-
pected to come up tomorrow. Ihe
delegation consists of Messrs. z. M.
Lytle, r. Bruce Petriken, and W. M.
Mcneil, attorneys for the appellants
in the case, and Messrs. W. Nc
knight, Williamson and Samuel >.
Brown for appellees. The cases are
extraordinary in that the refusal to
grant licenses is the act of the two
Associate Judges against the protest
of the Presiding Judge.
Old lawyers assert that to their
knowledge no similar case has ever
occurred in Pennsylvania where AS.
sociate Judges have thus intertered
with the President Judge in matter
involving questions Of law. There Is
not a hotel in the town of Hunting.
don that can lawfully sell liquor and
the 5000 inhabitants are obliged to
90 without it. 1t is to accomplish
the double purpose of relieving their
thirst and of testing the power OF AS
sociate Judges in such cases that
Messrs. Lytle, Petrikcn and Mcneil
will appear before the Supreme Court
tomorrow.
THE APPEAL.
The appeals are those Of Henry
Leister and James G. Swoope, hotel
keepers at Huntington, and E. f
Gould and James O'Neill, hotel-keep
ers at Broad Top City. Their appll
cations for license were argued before
the County Court at Huntingdon or
April IL, but were not acted upor
until three days later. The Associate
Judges, Charles R. Mccarthy anc
Tobias Forman, overruled President
Judge A. o. Furst in absolutely re
fusing the licenses. Judge Furst flee
dissenting opinion in each case
There was no opposition to the
licenses of Gould and O'Neill il
Broad Top City, but in Huntingdon
the temperance people, under the leaf
of the Women's Chistian Temperance
Union, circulated vigorous remon
strances against licensing all hotels II
Huntingdon, particularly agains
Leister and Swoope, proprietors o
the Leister House and the Hote
Brunswick respectively. 1t was al
legged in the remonstrances that Ii
censes were unnecessary. The re
monstrances were circulated widely
through the town aud are said to have
been signed by over thousand per
sons, mostly women and grown chill
dren. When the cases were heart
the courtroom was packed with Ia
dies, who mustered their strength
under the banner Of the Wet. U.
DECREE OF THE JUDGES.
In refusing to grant the applica
tions for licenses the Associate
Judges rendered decree similar tC
this in each case:-
eve find that q hotel is necessary
at that point for the purpose ofaccom
modating the travelling communit.
and the entertainment of strangers
The applicant has complied with tn
law in relation to licenses, etc
While such is the case we, the Asso
ciate Judges, do not think that it
necessary to license hotel to sell in
toxicating liquors, and for this reaso
this application is refused.
G. r MCCARTHY,
TOBIAS FoRMAN.
Associate Judges.
Judge Furst fled a dissentin
opinion like this
"Under the law and the facts thi
license should be granted. l there
fore dissent from the decree made b
the Associates.
A. o. FURsT, z. j."